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ALLOWAY v. BRADLEES, INC.

723 A.2d 960 (1999)

157 N.J. 221

Terry ALLOWAY, Plaintiff-Appellant, and Greg Alloway, husband and wife, Plaintiff, v. BRADLEES, INC., Shoprite, Inc., Vornado, Inc., Fred Bernhard Excavating Co., K & F Construction Company, Richard J. Wise, Jack Utz, Permco., Inc., Dana Corp., Mac Truck, John Doe (said name being fictitious), Richard Roe (said name being fictitious), ABC, Inc., (said name being fictitious), EFG, INC., (said name being fictitious) and HIJ Co. (said name being fictitious), Defendants, and Pat Pavers, Inc., American Refrigeration, American Management, James Burlingame and American Development Company, Defendants-Respondents.

Supreme Court of New Jersey.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Joseph P. O'Donnell, Trenton, for plaintiff-appellant (Joseph P. O'Donnell & Associates, attorneys).

Stephen E. Gertler, Wall, for defendant-respondent Pat Pavers, Inc.

Kimberly A. Jubanyik, submitted a brief on behalf of defendants-respondents American Refrigeration, American Management and James Burlingame (Edelstein, Mintzer & Sarowitz, Cherry Hill, attorneys).

Paul G. Witko, Trenton, submitted a brief on behalf of defendant-respondent American Development Company (Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, attorneys).

The opinion of the Court was delivered by HANDLER, J.

This matter arises from an accidental injury sustained by a worker on a construction site. The injured worker was employed as a driver for an excavating subcontractor that had agreed to deliver crushed stone to a general paving contractor. As she was attempting to unload the crushed stone at the construction site, the worker was injured as a result of a defective mechanical component of the dump truck.

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